تجريم التعدي على سرية المعلومات و الوثائق الإدارية : دراسة تحليلية على ضوء الأمر 21 09 المتعلق بحماية المعلومات و الوثائق الإدارية

الملخص EN

The criminalization of trespassing the confidentiality of administrative documents and information an analytical study in light of ordinance No.

21 / 09 related to the protection of administrative and documents and information.

the Algerian legislator was not satisfied with the legal protection provided by law No.

06 / 03 which included the general basic law for the public service through the article 49, which tackled the administrative information and documents.

Instead, he passed a separate law No.

09 / 21 on January 9 th, 2021 to protect that administrative information and documents related to the government and its different institutions through the imposed obligation of maintaining the confidentiality of these administrative documents and information, by becoming a legal duty and commitment that entails criminal liability in case of any disturbance.

by passing this law, the legislator wanted to protect the ethics imposed by the public office, and to build trust between the administration and the citizen without infringing the constitutional principle that guarantees the citizen his right to get information.

therefore, this study will shed the light on the restraining injunctions included in that order through criminalization and punishment, to protect the confidentiality of administrative documents and information of public authorities from attacks that aim to undermine its holiness and use it for purposes other than those it was passed for.